The Fee waiver application exists to ensure individuals who cannot afford to pay application or court fees are not denied access to justice or immigration rights. Fee waiver applications are available in specific circumstances — most commonly in immigration applications to the Home Office, and in court or tribunal proceedings.
This Article focuses on the fee waiver applications for the following types of applications:
- Applications for permission under the 5-year partner route from applicants who are meet the financial requirement via adequate maintenance.
- Applications for permission under the 5-year parent route.
- Applications for permission under the 5-year private life route.
- applications for permission under the 10-year partner, parent or private life routes.
- Applications for permission on the basis of other ECHR rights.
- Applications for further permission from applicants granted discretionary leave (DL) following refusal of asylum or humanitarian protection, where the applicant claims that refusal to grant further permission would breach their ECHR rights.
Although the principle behind fee waivers is straightforward, preparing a strong and compliant application requires care and precision. Below are key considerations for navigating the process.
Understanding Eligibility
Eligibility for a fee waiver generally depends on financial hardship. Applicants must demonstrate that paying the required fee would compromise their ability to meet essential living needs such as housing, food, or utilities and even the basic needs of their children (if any). The Home Office guidance notes that eligibility is linear to human rights grounds — where refusal would breach Article 8 of the European Convention on Human Rights (right to respect for family and private life).
Each application is assessed individually. Factors such as dependants, recent employment, and support from third parties will all be considered.
Presenting Financial Evidence
A successful fee waiver application depends largely on the quality and consistency of the supporting evidence provided. Applicants should be prepared to submit:
- Financial documents such as bank statements
- Proof of Income of household
- Proof of expenses pf household
- Proof of accommodation
All evidence should be clearly organised, and up to date. Any gaps in documentation should be explained. Incomplete or inconsistent financial evidence is one of the most common reasons for refusal.
Completing the Application
Eligible applicants should submit their request online and before the expiry of their most recent leave. If approved, a code is issued that allows the main application to proceed without payment. The code generally expires within 10 working days.
Honesty and Transparency
The Home Office puts significant emphasis on honesty and transparency. Applications may be cross-checked with government databases or credit information. Providing inaccurate or misleading details can have serious consequences, including refusal of the application or adverse credibility findings in future cases.
If financial circumstances change after submission — for example, a change in employment or income — applicants are expected to notify the relevant authority promptly.
Timing and Record-Keeping
Fee waiver decisions can take several weeks to months.
It is advisable to retain copies of all forms, evidence, and correspondence. These may be required if the application is refused or if further information is requested.
Common Challenges
While fee waivers are designed to promote fairness, the criteria are applied rigorously. Cases involving shared finances, informal income, third party support or recent changes in circumstances can be particularly challenging to present effectively. Careful preparation and a clear presentation of evidence are therefore essential.
Do you have the right to 3(C) leave if you submit a fee waiver application?
Section 3(C) of the Immigration Act 1971 operates to extend leave. Therefore, if an individual had a valid permission at the time of submitting a fee waiver the leave is as a result extended while the fee waiver application is pending. This allows the individual to have the right to work while their fee waiver application is pending.
Whether an applicant has 3C leave once a decision has been made on the fee waiver application, is a complex question. It can also be impacted by the type of permission to stay application made once a fee waiver application is decided. Legal advice should be sought to discuss individual circumstances.
The current and published guidance on fee waiver applications is accessible here and is subject to updates: https://www.gov.uk/government/publications/applications-for-a-fee-waiver-and-refunds/fee-waiver-human-rights-based-and-other-specified-applications#about-this-guidance
If you require help in navigating the complexities of a fee waiver application, contact one of our experts to answer your questions.
